1. It was prepared on November 4, 2015 by the above court with respect to the auction case of real estate D with Busan District Court Dong Branch.

1. Basic facts

A. The Plaintiff filed an application for provisional attachment of real estate under the Busan District Court 2013Kadan6019 with respect to F apartment 103 Dong-dong 109 (hereinafter “instant real estate”) owned by the obligor E, and according to the decision of provisional attachment, the provisional attachment registration was completed on June 20, 2013 with regard to the said real estate.

B. On February 12, 2014, the Plaintiff filed a lawsuit on the loan claim against E by Busan District Court Decision 2013Da55467, and was sentenced to a favorable judgment against the said court on February 12, 2014 to pay KRW 60 million and its delay damages. The said judgment became final and conclusive on February 28, 2014.

C. As to the above real estate, Defendant B filed an application for provisional seizure against the said real estate with Busan District Court Branch 2014Kadan494, and according to the decision of provisional seizure, on March 19, 2014, KRW 2079,000 of the claimed amount was registered.

E’s creditors, applying for the Sobre Savings Bank, etc., commenced the voluntary auction procedure on March 5, 2015 with respect to the instant real estate, and the Plaintiff and the Defendants demanded a distribution in the said auction procedure.

The dividends distribution ratio of the reasons for the creditors with the distribution priority 6th creditor 18,273,411 won 30.47% by the person holding the provisional attachment right against Defendant B 6, 33,816 won 30.47% by the person holding the provisional attachment right against Defendant C 23,732,769 won 30.47% by the person holding the right to demand a distribution against Defendant C

E. The instant real estate was sold to G on October 2, 2015, and the auction court prepared a distribution schedule with the following content against the Plaintiff and the Defendants out of KRW 183,346,473 of the amount to be actually distributed on the date of distribution of the instant auction procedure.

F. The Plaintiff appeared on the aforementioned date of distribution and raised an objection against the amount of distribution to the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 7, Gap evidence 6-1, Gap evidence 8-1, the purport of the whole pleadings

2. Determination

A. (1) Since a claim against Defendant C with the indication of the claim is false, it is against Defendant C.